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Rutambh (a)     08 October 2025

Possession letter from builder

Dear Sir/Madam,

We seek your legal guidance on the following matter:

We have purchased our house in re-sale from the previous owner. The previous owner had originally purchased the house from the builder. However, at that time, the builder had not issued any possession letter to the previous owner or to other original house owners in the same project.

Now, the builder has initiated the process of handing over the project management to the housing society and has started issuing possession letters to all house owners.

In this connection, we would like to clarify whether any modification or specific mention is required in the possession letter to reflect that we are subsequent purchasers (re-sale buyers) rather than the original allottees.

Kindly advise whether the possession letter can be taken in the builder’s standard format or if it should include any additional wording to avoid any legal or ownership issues in future.

Thank you for your guidance.

Warm regards,



 8 Replies

T. Kalaiselvan, Advocate (Advocate)     08 October 2025

The builder handed over possession to the original owner hence he would deliver the possession letter on his name only.

There's no legal infirmity in it.

In any case this is just an additional document to you and not a title document, hence you may not dispute the same even if it is on the name of the first owner.

P. Venu (Advocate)     08 October 2025

In the given facts, the possession letter is hardly of any significance as to your title to the property.

kavksatyanarayana (subregistrar/supdt.(retired))     08 October 2025

The first owner, while executing the sale deed, shall mention the possession certificate details in the document provided to you (the purchaser). A title deed is important.

Dr. J C Vashista (Advocate )     09 October 2025

Whether the builder had handed over physical possession to the vendor (seller) of the subject property before you purchased it ? If so, possession letter is formal and insignificant. 

Advocate Bhartesh goyal (advocate)     09 October 2025

Since the builder neither had  executed. sale deed in favour of you nor handoverd possession of property to you so how can he issue possession letter to you, he can issue the possession letter 0nly  to whom he has handoverd possession of property and execute sale deed.

Rutambh (a)     09 October 2025

Dear Sir,

Is it appropriate if the builder issues the possession letter in the name of the previous owner, and we sign and acknowledge it on behalf of [Name of Previous Owner], since the previous owner resides in another state and cannot come personally?

T. Kalaiselvan, Advocate (Advocate)     09 October 2025

If the builder is ready and willing to accept your acknowledgment for the receipt of this possession letter then you can inform the previous owner and get his consent over whatsapp or even orally over phone and then collect it from the builder. 

Dr. J C Vashista (Advocate )     10 October 2025

You have purchased the property from some person other than the Builder, without transfer and replacement of names in the  records of builder, isn't it ? If so, you are an outsider and alien for the builder. 

It will be appropriate to consult a local prudent lawyer with relevant records for proper appreciation of facts / documents,  professional advise and necessary proceeding.


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